EADEN HOMES LIMITED v DWR CYMRU CYFYNGEDIG (WELSH WATER)
Decision date: 6 June 2012
Neutral citation: [2012] UKUT 153 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This case concerned whether a 29 April 1983 planning permission for development at Morfa, Trearddur Bay was extant when sewer works were carried out in 2004 and whether that permission was full or only an outline (hybrid) permission as to 38 plots. The authority conceded the permission had been lawfully commenced within five years; the tribunal held the permission was a full planning permission overall but, insofar as it related to the 38 plots, it authorised layout only and did not permit erection of houses. Directions and costs were reserved for later determination.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
The tribunal treated the decisive legal point as that whether a permission is outline depends on the form and content of the application: an outline planning permission can only arise from an outline application, and outline permission (as defined) relates to permission for the erection of a building with specified "reserved matters" left for later approval. Applying that principle, the 1983 papers showed a full permission generally, while the 38-plot element was limited to layout rather than building erection.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment suggested (non-bindingly) that where a local planning authority intends to reserve matters such as siting or design it would normally do so expressly rather than by vague condition, and that a permission for layout of plots can legitimately be granted to show the context of a detailed part of a development and to enable infrastructure like roads or sewers to be provided.